Disposed

Surendranath v. State Bank of Travancore

Kerala HC5 Jul 2017WA/1399/2017

Case brief

AI extract

What is this about?

The Court disposed of an intra-court appeal against the dismissal of a writ petition involving a default in a housing loan. The appellant offered to clear the overdue amount to restore possession. The Court accepted the offer, directing the Bank to regularise the loan and restore possession upon payment within 15 days.

What did the court decide?

Direction to Bank to regularise loan and restore possession upon payment of overdue and penal interest within 15 days.

Surendranath Vs State Bank of Travancore — Service and Employment | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.NAVANITI PRASAD SINGH &

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 5TH DAY OF JULY 2017/14TH ASHADHA, 1939

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WA.No. 1399 of 2017 () IN WP(C).21273/2017

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AGAINST THE JUDGMENT IN WP(C) 21273/2017 DATED 28-06-2017

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APPELLANT(S)/PETITIONER:

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SURENDRANATH

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AGED 60 YEARS, S/O.NRAYANAN NAIR, ANEESH COTTAGE, THERIYODE, ANAPPARA P.O, VITHURA, THIRUVANANTHAPURAM.

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BY ADVS.SRI.G.SUDHEER

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SMT.N.P.ASHA SRI.V.P.VIPINKUMAR

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RESPONDENT(S)/RESPONDENTS:

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1. STATE BANK OF TRAVANCORE VITHURA BRANCH, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER/AUTHORIZED OFFICER, (NOW AFFILIATED UNDER STATE BANK OF INDIA), PIN-695 551.

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2. THE AUTHORIZED OFFICER

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STATE BANK OF TRAVANCORE, REGION-IV, ZONAL OFFICE KSHB BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM (NOW AFFILIATED UNDER STATE BANK OF INDIA), PIN-695 551.

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R BY SRI.R.S.KALKURA, STANDING COUNSEL, SBI

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sou.

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Navaniti Prasad Singh, CJ & Raja Vijayaraghavan V, J

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W.A. No. 1399 of 2017

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Dated this the 5^th day of July, 2017

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J U D G M E N T

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Navaniti Prasad Singh, CJ

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The appellant being the writ petitioner in this intra court appeal is aggrieved by the order of the learned Single Judge dated 28.6.2017 in W.P.(C). No.21273 of 2017 dismissing the writ petition noticing that orders passed in earlier writ proceedings had not been complied with.

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We have heard learned counsel for the appellant and the learned counsel for the erstwhile State Bank of Travancore and with their consent we dispose of this appeal at this stage itself.

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The appellant had taken a housing loan. There had been defaults. The appellant did not rectify the situation in spite of indulgence granted by the learned Single Judge of this Court. Accordingly, when the second writ petition was filed, it was dismissed by the learned Single Judge. The residential house of

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W.A.1399/17 2

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the appellant in which the appellant used to stay with his family has been taken possession by the Bank and has been locked.

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Upon hearing the parties, learned counsel for the Bank discloses that the total overdue amount is about Rs.3,90,000/-. The appellant states that he is ready to clear the entire overdue along with penal interest, which may be levied and upon this payment being made, the possession be restored and loan be regularised with due EMI as earlier fixed.

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We have considered the offer and in our view, it is fair and just. Learned counsel for the Bank fairly states that they are not interested in the residential house of the appellant. All they are interested is securing repayment of their loan.

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Having considered the matter we direct that upon the appellant clearing of the entire overdue along with the penal interest, as may be leviable, within 15 days from today, the loan would be regularised from the next month onwards and the appellant would only be required to pay the EMI as earlier fixed. On payment of the aforesaid amount within 15 days, the Bank would handover the possession of the house to the appellant forthwith. Parties shall abide by the aforesaid condition and any default by the appellant would authorise the

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W.A.1399/17

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Bank to take all the steps that they are authorised in law to

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take.

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With this observation and direction this appeal stands

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disposed of.

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Sd/-

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Navaniti Prasad Singh, Chief Justice

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Sd/Raja Vijayaraghavan V, Judge

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sou.5/7.

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// True copy //

Surendranath v. State Bank of Travancore

Case brief

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Surendranath v. State Bank of Travancore

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